Privacy Law and Privacy Regulations

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Article
FROM CALIFORNIA TO NEW JERSEY: Northern District of California Sends CIPA Website Tracking Class Action to New Jersey
A California-based class action alleging website tracking violations under CIPA was transferred to New Jersey federal court, where the defendant's headquarters and decision-making occurred. The Northern District of California found that the locus of corporate conduct outweighed the plaintiffs' California residency and the California-only class, demonstrating that where tracking decisions are made can matter more than where users experience alleged privacy violations.
United States Privacy
Troutman Amin LLP
Article
Federal Government To The Rescue?
The California Invasion of Privacy Act has spawned an assembly line of lawsuits targeting common website features like chatbots and cookies, with plaintiffs claiming statutory damages of $5,000 per violation even without actual harm. California's legislature has passed S.B. 690 to curb these claims, while new federal legislation seeks to provide broader relief by barring CIPA and similar state law claims related to digital commerce activities.
United States Privacy
S
Steptoe LLP
Article
HOW TO PLEAD CONSENT: Court Says “Plaintiffs Must Do More Than Merely Assert That They Did Not Consent To The Tracking Devices.”
A federal court in California dismissed all nine claims in a privacy class action against Adobe, ruling that plaintiffs cannot establish lack of consent by merely asserting they never gave it. The decision establishes critical pleading standards for consent in tracking device cases, requiring plaintiffs to allege specific facts about what they saw on websites and why disclosures failed, rather than simply denying consent occurred.
United States Privacy
Troutman Amin LLP
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Article
FROM CALIFORNIA TO NEW JERSEY: Northern District of California Sends CIPA Website Tracking Class Action to New Jersey
A California-based class action alleging website tracking violations under CIPA was transferred to New Jersey federal court, where the defendant's headquarters and decision-making occurred. The Northern District of California found that the locus of corporate conduct outweighed the plaintiffs' California residency and the California-only class, demonstrating that where tracking decisions are made can matter more than where users experience alleged privacy violations.
United States Privacy
Troutman Amin LLP
Article
California Federal Court Denies Class Certification In Adtech Case Due To Lack Of Article III Standing
A federal court in California denied class certification in a consumer privacy lawsuit against an online shoe retailer, ruling that plaintiffs failed to prove their personal information was actually intercepted by website advertising technology. The decision establishes that merely visiting a website with adtech installed is insufficient to demonstrate Article III standing, requiring concrete evidence of data collection attributable to specific plaintiffs.
United States Litigation
DM
Duane Morris LLP
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Article
FROM CALIFORNIA TO NEW JERSEY: Northern District of California Sends CIPA Website Tracking Class Action to New Jersey
A California-based class action alleging website tracking violations under CIPA was transferred to New Jersey federal court, where the defendant's headquarters and decision-making occurred. The Northern District of California found that the locus of corporate conduct outweighed the plaintiffs' California residency and the California-only class, demonstrating that where tracking decisions are made can matter more than where users experience alleged privacy violations.
United States Privacy
Troutman Amin LLP
Article
AI Addendums: Contract Clauses To Negotiate With AI Vendors
As artificial intelligence transforms software from deterministic tools into probabilistic systems that learn and generate content, traditional SaaS contracts have become structurally obsolete. Organizations now face unprecedented challenges in protecting proprietary data, maintaining regulatory compliance, and allocating liability when AI vendors use customer inputs to train models, generate outputs, and create derivative intelligence that may be functionally permanent.
United States Technology
Axiom
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